TERMS AND CONDITIONS FOR THE USE OF WEBSITE WWW.SMARTERNEXT.COM

WWW.SMARTERNEXT.COM (hereinafter referred to as “the website”) is the property of Company TEHNIC MEDIA SRL.

This document sets forth the terms and conditions for the website use.

The access to, and use of, the website shall be regulated by these rules, under the terms and conditions below.

By using the website as visitor, authentication as user and access to the services provided, you are considered to have read, understood and accepted all the terms and conditions for the use of the website, with all the consequences arising from the acceptance hereof.

1. ACCESS:

The purpose for which this website may be used is to obtain information on and access to the services provided through the website. Any use for other purposes than the permitted one is forbidden. In order to obtain access to the website and to the services and information provided through it you should obtain access to World Wide Web, either directly or using other devices through which Internet services can be accessed, by paying any fee relating to such access. Furthermore, you should have all the necessary equipment to make such connection to World Wide Web, including a computer and a modem or other access equipment. TEHNIC MEDIA shall not be responsible for the security of this website or for your communication line with it. Website ‘visitor’ shall mean any individual or legal entity that accesses the website, Website ‘user’ shall mean any ‘visitor’ that authentifies as ‘user’ by filling in an authentication form.

2. COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY RIGHTS: 

The copyright for the information on this website belongs to TEHNIC MEDIA or its partners. No material on this website can be reproduced, in whole or in part, or changed without the express written permission of TEHNIC MEDIA.

The content of this website, texts, graphic, photos, software, logos and any other materials on the website are protected the law on copyright and are the ownership of TEHNIC MEDIA or its partners. The creation of any link to this website from other websites or viceversa without a prior written agreement is strictly forbidden. If any such situation occurs without the written agreement of TEHNIC MEDIA, TEHNIC MEDIA shall not be responsible for any unrelated websites to which the website may be linked, for any material posted on the website by persons other than the ones authorized by TEHNIC MEDIA, and reserves the right to request the sanctioning of any such action in compliance with the laws in force.

TEHNIC MEDIA or third parties may supply, under license, through the website, links to other pages or World Wide Web resources. TEHNIC MEDIA does not guarantee, is not and shall not be held responsible in any way for their availability, form, content, publicity, products or any other materials available on such websites. TEHNIC MEDIA shall not be responsible for, or liable to pay, compensation, neither directly nor indirectly, for any damage or loss caused or assumed to have been caused by / in connection with the use of, or reliance on, the information, content, goods or services provided by such websites.

Any reproduction, copying, multiplication, sale, resale or exploitation of a part of services, access to or use of the services or information provided by TEHNIC MEDIA through the website in a way that violates the applicable Romanian or international laws on copyright and intellectual property shall result in legal actions under civil or criminal law.

TEHNIC MEDIA reserves the right to prevent by any means and to request the sanction in compliance with the laws in force of anyone involved in the destruction or alteration of the website, its content or security, or in any attempt to attack or discredit TEHNIC MEDIA or its partners, or their products, services and employees. Any potential litigation concerning this website shall be referred to the courts of law, in compliance with the law.

The users / visitors shall not change any part of this site except as necessary for the use of the website on compliance with the purpose for which it was created. The Users / visitors who enter / upload content shall strictly comply with the format and size indicated on the website, in the applicable category. Smarter Next includes sections that comprise content uploaded by users in text, photo, audio or video format. The users guarantee that the materials posted by them on the website are included in at least one of the following situations:

• The user is the author of the posted materials;
• The user is the holder of the copyrights over such materials;
• The user has received the consent of the copyright holder to post such materials on the website.

By posting materials of whatever nature on this website, the users grant all the rights over the posted material, including the use, reproduction, transformation, distribution, broadcasting, cable distribution, promotion or redistribution of parts of the material in any media format and on any media, as well as the creation of derivative works, to TEHNIC MEDIA, free of charge, irrevocably, for an unlimited period and worldwide. The uploading on the website of materials the content of which is illegal (child pornography, instigation to violence, racism, discrimination etc.), obscene, defamatory, threatening, pornographic, harassing materials or materials violating any law is strictly forbidden. Also, no items that can harm the website may be posted.

3. USER RULES: 

The following actions are forbidden:

• The copying, multiplication, distribution, filing or keeping, by any means, including electronic, magnetic or computerized ones, the materials and information on this website;
• Any attempt to meddle with the content of this website, by any means, the deletion or change by any means the materials and information published, or any attempt for such purpose;
• The attempt to scan, trial or test the vulnerability of any system in the TEHNIC MEDIA network or to access any servers or services in the TECHNIC MEDIA network which are not public, without the express written authorization from TEHNIC MEDIA;
• The attempt to meddle with the operation of hosting servers or in the TEHNIC MEDIA network by any means, including by attacking them through flooding or DOS;
• The use of any e-mail addresses published through the website to distribute them on mainlining lists or for spamming purposes or for any other purpose except for sending personal, justified, emails, without the written consent of the owners of such e-mail addresses;

The violation of any of these rules shall lead to court action under the civil or criminal law. TEHNIC MEDIA shall investigate the deeds involving such violations and shall cooperate with the authorities in order to prevent or block such violations.

4. SERVICE AVAILABILITY

TEHNIC MEDIA reserves the right to change or interrupt, on a temporary or permanent basis, in whole or in part, the services provided to users and visitors through this website, with or without prior notice. TEHNIC MEDIA shall not be responsible to users, any individual or legal entity or institution for the change, suspension or interruption of the services available through the website. TEHNIC MEDIA may change, at any time, the content and terms of use of the website. The new terms shall become valid starting the moment when they are made public by registration on this website and shall not apply retroactively.

TEHNIC MEDIAreserves the right to change or add new rules and restrictions concerning the website content, at any time.TEHNIC MEDIAreserves the right to change or update any service or right to use any service, at any time, without prior notification.

The site may perform at any time advertising campaigns and/or promotions in any sections. The campaigns and promotions organized do not require the agreement of the website visitors or users. The locations and size of the advertising campaigns and promotions to not require the visitors’ agreement and can be changed at any time, without prior notice.TEHNIC MEDIA does not take responsibility for the damages or losses resulted from advertising campaigns or promotions organized on the website.

5. RELEASE FROM LIABILITY

By accepting to use this website, you expressly and implicitly declare that you understand and agree with the following statements:

– you are solely responsible for the use of this website;

TEHNIC MEDIA shall be expressly relieved from any liability of any kind, either direct, or indirect, including without being limited to the indirect guarantees for sale or conformity with specifications for a specific purpose.

TEHNIC MEDIA does not provide any guarantee that:

• The information will fulfill all your requirements
• The services will be uninterrupted, safe or error-free;
• The results that can be obtained from the use of the website information will be accurate or reliable;
• The quality of any products, services, information or other materials acquired or obtained by you through the website will satisfy your requirements;
• Any program error will be corrected.

The user is solely responsible for any destruction caused to the systems or network used for accessing the website or for any other data loss that could result from the downloading of information and services from the website. No guarantee is provided for any advice or other verbal or written information obtained from the site or through the website services, unless expressly provided for in the terms and conditions for use.

6. LIMITATION OF LIABILITY:

TEHNIC MEDIA shall not be responsible for any direct, indirect, accidental, special loss, including but not limited to loss of profit, goodwill, possibility to use, data or other intangible or immeasurable loss (and even though TEHNIC MEDIA has been previously informed on the possibility for such losses to occur) resulted from:

• The use or impossibility to use the website information;
• The cost of procuring additional goods or services resulting from any goods, data, information or services acquired or obtained, messages received, transactions started through / on the website;
• Unauthorized access to, or deterioration of user transmissions or data;
• Third party statements or actions on the website services;
• Any other issue related to the website services.

If any material made available on the website, posted by third parties or users is considered as breaching copyrights or any other rights, the situation shall be notified to the correspondence address OFICIUL POSTAL 60 – CASUTA POSTALA 51, sector 3, Bucurestior to the e-mail address[email protected].

For the website sections that may include visitors opinions, the visitors shall be fully liable for the content of their own opinions. TEHNIC MEDIA reserves the right to remove from the website any opinion that violates the terms and conditions for the use of this website or that is considered harmful, in any way, to its image or to the image of its partners or third parties.

This site is offered in this form, without any other guarantee. TEHNIC MEDIA is not and shall not be held responsible for any inconsistency, unavailability or other defects of this site or its content.

7. CONFIDENTIALITY AND PERSONAL DATA

In compliance with the requirements of Law no. 677/2001 for the protection of people concerning the processing of personal data, and free movement of such data as amended and supplemented by Law no. 506/2004 on the processing of personal data and protection of private life in the field of electronic communication, SC TEHNIC MEDIA SRL is required to safely manage the personal data supplied by ‘visitors’ and/or ‘users’ and only for the intended purposes. The purpose of data collection is to set up a database for information on the organization of promotional campaigns, advertising actions, marketing and publicity, statistics and electronic communication services. The refusal to supply data blocks the participation in competitions and/or leads to the loss of access to some of the website services.

The categories of data processed by TEHNIC MEDIA are last and first names, sex, date and place of birth, signature, phone / fax number, address (home / residence), professional training / diplomas / education, e-mail. The Personal Number is required only for the issue of fiscal invoices to individuals. The winners of competitions organized by TEHNIC MEDIA will be requested a copy of their ID document in order to check the accuracy of the data supplied upon registration, in order for the prizes to be awarded to their rightful owners; also, the data included in the ID are necessary in order to withhold and pay the prize-related tax to the state budget. Processed data will be stored in computerized databases.

By participating to competitions or access to some of the services provided by the TEHNIC MEDIA websites, you agree to receive information on the products, services, events, etc. provided by TEHNIC MEDIA, its contract partners and suppliers of goods and services.

After filling in the registration form, the user is provided an account to use the services.

Users are fully responsible for the confidentiality of the passwords related to the access to the website services, based on log-in.

Users are fully responsible for all the information made public from their accounts. In case of an unauthorized third-party access to an account, TEHNIC MEDIA shall not have any responsibility for the consequences that may arise.

In compliance with Law no. 677/2001, you have the right to access and intervene on your data, the right no to be subject to an individual decision and the right to go to court. You have the right to oppose the processing of your personal data and to request the deletion thereof. To exercise such rights, you may send an e-mail to [email protected] or you may send a written request with the date and your signature to the correspondence address OFICIUL POSTAL 60 – CASUTA POSTALA 51, sector 3, Bucuresti, attn. the Marketing Department, TEHNIC MEDIA.

If some of your data are incorrect, please inform us as soon as possible.

TEHNIC MEDIA shall not make public the users’ e-mail addressesand shall not disclose them to any third parties if such third parties are not its expressly agreed upon partners, unless such disclosure is necessary in order to comply with the law and /or judicial procedures.

TEHNIC MEDIA is not liable for any attacks committed for stealing or destruction purposes and that may lead to data disclosure or compromise.

TEHNIC MEDIA does not take any responsibility for the situations in which the user publishes its address or any personal data, out of his/her own initiative, in a public message, on any of the website pages.

If the website users send unrequested messages, TEHNIC MEDIA reserves the right to consider such materials as unconfidential and unprotected by copyright. Such materials shall become the property of TEHNIC MEDIA, free from any claim of any person or group of persons and may be used for any purpose by TEHNIC MEDIA, without any obligation to pay compensation for such use.

Users’ identity shall not be disclosed if, by the information posted, such users may be in danger.

The users agree not to lend their password to any other user, for their own protection and for the validity of the information sent. Also, they accept not to use another member’s password to post messages. The website uses ‘cookies’ to identify users. They do not contain any personal data of the user and do not present any risk if they are intercepted by third parties. If the browser is set not to accept them, some pages may not function or may not function completely.

The site may include advertisements and/or links to pages of third parties, including partners, advertising suppliers or sponsors. The information supplied to external pages is not controlled by TEHNIC MEDIA and any publication of personal data on other Internet pages shall be on the owner’s risk.

TEHNIC MEDIA reserves the right to change, review, and supplement these rules at any time. Any change shall be made public on this page and shall enter into force when it is posted on the website.

8. RULES AND CONDITIONS FOR PARTICIPATION TO THE WEBSITE FORUM

The use of the website and the access to and log-in to the website forum imply the acceptance by users of the following terms and conditions with all the consequences arising from the acceptance thereof:

– it is strictly forbidden to post abusive or vulgar materials, materials that are hateful or resentful towards other website member, or which comprises threats or violates the intimacy or private life of another person or which violates the law;

– it is strictly forbidden to post materials for which the users do not hold copyright or do not have the owner’s approval for the use of such materials;

– spamming, flooding, commercials, chain letters, Ponzi schemes and any request of this type are strictly forbidden;

– xenophobic, racist, obscene messages as well as links to pornographic sites are strictly forbidden;

– posted messages are not monitored every second and, consequently, the website is not responsible for their content;

– TEHNIC MEDIA does not provide any guarantee for inaccuracy, incomplete or unuseful messages or for any information provided on the website;

– the messages express their authors’ opinions and not the opinions of TEHNIC MEDIA;

– TEHNIC MEDIA reserves the right to remove controversial content, in a reasonable period, and if considered necessary, such user’s access will be restricted; however, since this is a manual process, the instantaneous removal or modification of messages is not possible;

– the user identity, if the user provides information that may endanger him/her, will be protected;

– at registration, the user can choose a username. With that user account, the forum participant agrees not to lend their password to any other user, for their own protection and for the validity of the information sent. Also, the user accepts never to use the password of another member to post messages or to navigate in this forum;

– users should take into account that, whenever they post a message, their IP address is registered for the case in which their access to the website forum is restricted (or for contacting the Internet service provider). This measure will be taken only if a serious violation of these terms and conditions is found;

– the website administrators reserve the right to remove any message and to restrict the access to the website forum to any user who fails to comply with these terms.

Warning: users are solely responsible for the content of their messages and shall be liable for any damages in case legal action is taken against their messages, except for the messages sent directly to the website moderator or administrator. This forum or any other website linked to this forum shall not be liable in any way.

COOKIES POLICIES

Smarter Next uses own and third-party cookies to provide visitors with a much better navigation experience and services adjusted to each visitor’s needs and interests.

Cookies are text filesthat are placed in the user’s computer (does not include software, viruses or spyware and cannot access information on the user’s hard drive) to help the website analyze the way in which users are using it. The information generated by a cookie concerning the way in which you use the website (including your IP address) will be used in order to evaluate your use of the website www.smarternext.com, preparing website research reports for the website operators and supplying other services related to the activity and internet use on www.smarternext.ro.

This information may be transferred to third parties if required by law. You are entitled to refuse the use of cookies by selecting the appropriate settings in your browser, however please remember that if you make these settings, you may not have access to the full functionality of website www.smarternext.ro. By using this website, you agree to the processing of your personal data in the manner and for the purposes mentioned above. www.smarternext.comalso uses third party advertising companies to provide announcements when you visit our website. Such companies may use information (which does not include the name, address, e-mail address, or phone number) on your visits on www.smarternext.ro and on other websites to provide commercials for goods and services that may interest you.

Some content sections on the site may be supplied through third parties / suppliers (e.g. a video file, an image or a commercial). Such third parties may also place cookies through our website. Third party suppliers are required to comply with the law in force and confidentiality policies of the website owner.